Articles by PC Editorial Staff

October 4, 2022
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OSHA Reminds Employers About Hazards During Hurricane Recovery

As Florida began rescue and recovery efforts in the wake of Hurricane Ian, the U.S. Department of Labor’s (DOL’s) Occupational Safety and Health Administration (OSHA) recently reminded first responders, employers, and the public to protect against hazards during hurricane recovery. Associated hazards may include flooding, loss of power, structural damage, fallen trees, and heavy debris. In brie...
Company to Pay $9.3M to Settle Employee Misclassification Lawsuit-10-4-22

Company to Pay $9.3M to Settle Employee Misclassification Lawsuit

October 4, 2022
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On September 26th, 2022, the U.S. Department of Labor (DOL) obtained a consent judgment ordering a Philadelphia, Pennsylvania, medical staffing company to pay $9.3 million to settle an employee misclassification lawsuit. The judgment followed a DOL investigation that found willful overtime violations occurred from at least September 2017 to May 2022. After months of negotiation with the DOL’s O...
September 27, 2022
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EEOC Cracks Down Heavily on Workplace Disability Discrimination

In September 2022, the U.S. Equal Employment Opportunity Commission (EEOC) filed three separate lawsuits alleging workplace disability discrimination. The lawsuits were filed in New York City, Florida, and Maryland. The three cases involved a failure to provide reasonable accommodations and hiring and firing discrimination. As the EEOC filed these three disability discrimination lawsuits in the...
September 27, 2022
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FTC Issues a Statement Reinforcing Its Policy Protecting Gig Workers

Recently, the Federal Trade Commission (FTC) issued a policy statement applying its consumer and fair competition protections to gig workers. The full policy statement identifies several problem areas in the gig economy and lays out enforcement priorities to combat them. All in all, the policy statement seeks to protect both gig workers and the consumers who participate in the gig worker market...
Company to Pay More Than $2M After Plan Asset Mismanagement-9-27-22

Firm to Pay $2M Over Plan Mismanagement

September 27, 2022
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On September 23rd, 2022, the U.S. Department of Labor (DOL) announced that an international design firm's fiduciaries would pay $2 million to restore assets to the company retirement plan after investigators found plan asset mismanagement occurred. Investigators from the DOL's Employee Benefits Security Administration (EBSA) determined that fiduciaries from the InterArch Inc. Profit-Sharing Pla...
September 20, 2022
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DOL Expands the Scope of the Severe Violator Enforcement Program

On September 15th, 2022, the U.S. Department of Labor (DOL) expanded the criteria for willful and repeated violators to be placed in the Occupational Safety and Health Administration’s (OSHA’s) Severe Violator Enforcement Program. The program targets employers that repeatedly expose workers to recognized hazards. Now that the DOL has broadened the program’s scope, more industries may see future...
September 20, 2022
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Multiagency Digital Toolkit Promotes Workers' Right to Unionize

Earlier this month, the U.S. Small Business Administration (SBA), in collaboration with three other federal agencies, launched a new digital toolkit to promote workers' right to unionize and facilitate healthy labor-management relations. Agencies joining the SBA included the U.S. Department of Labor (DOL), the National Labor Relations Board (NLRB), and the U.S. Federal Mediation and Conciliatio...
DOL Expands the Scope of the Severe Violator Enforcement Program-9-20-22

Restaurant to Pay More Than $1.35M in Back Wages for Illegal Tip Pooling

September 20, 2022
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Recently, a federal court ordered a Pennsylvania restaurant to pay more than $1.35 million in back wages and liquidated damages in an illegal tip pooling case. The action comes after investigators from the U.S. Department of Labor’s (DOL’s) Wage and Hour Division (WHD) found violations of federal tip credit requirements under the Fair Labor Standards Act (FLSA). Additionally, the WHD discovered...
September 14, 2022
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Institution to Pay a $131.8M Retirement Settlement in ERISA Violations

This week, the U.S. Department of Labor (DOL) announced a settlement in an Employee Retirement Income Security Act of 1974 (ERISA) case where Wells Fargo will pay $131.8 million for ERISA violations. According to the DOL investigation, Wells Fargo, Wells Fargo Bank, and GreatBanc Trust Company (a plan trustee) caused the company’s dedicated plan fund to overpay for company stock purchased for i...
Institution to Pay a $131.8M Retirement Settlement in ERISA Violations-9-14-22

What Employers Should Know About the California Privacy Rights Act

September 14, 2022
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The California Privacy Rights Act, which passed in 2020, will go into effect at the beginning of 2023 and will give employers additional compliance obligations in the workplace. The comprehensive data protection and privacy law protects employees and applicants of covered employers within California. Covered employers will need to reassess how they handle employee data and implement new or upda...